[vagrancy]

R. v. Wilson

Court of Criminal Judicature

Collins J.A., 1 March 1797

Source: Court of Criminal Jurisdiction, Minutes of Proceedings, State Records N.S.W., 1147B - 239

[239] John Wilson

William Barr

John Moss

Isaac Cowden           

Were brought before the court for that they being Convicts and sentenced to hard Labor for a certain time specified as incorragible Rogues & Vagabonds, persons of evil dispositions & not having any visible means of honest subsistance did at various times but more particularly John Moss on or about the seventh of December last and John Wilson John Barr & Isaac Cowden on or about the 10th of the last month February absent themselves from Sydney and Parramatta in the County aforesaid, wandering at large to the terror of all well disposed persons, to the evil example of all others in like cases offending & against the Statute in that case made & provided & against the peace of our Sovereign Lord the King his Crown ? Dignity.            The Prisoners on their Arraignment severally pleaded Not Guilty.  John Taylor being duly sworn deposes that he is acquainted with the penal prisoners at the Barr.  That John Moss, John Wilson & William Barr were met by him on the road at the back of Captain Townsends farm, that he told Connor to stop back and that we would seize the man that had the Musquett, which was John Wilson.  That he did seize it, that he asked them where they came from, they answered that they came from New S word. and were going to Port Stephens.John Wilson told him that he belonged to Mr Cummins and asked him to let him go, the Deponent  replied that they should all be brought in together & carried before the Magistrate.The Deponent says that he did bring them in before Mr Balmain.  The Deponent further says that on Saturday last he met Isaac Cowden the prisoner about a mile on this side of Captain Townsends farm, that the Prisoner told him that he had been in the Woods for those Weeks but that but that he was now come to give himself up, and the Deponent [240] bought him into Sydney and gave him up to the Magistrate.  The Deponent further says that John Wilson one of the prisoners told him that the Musquett in his possession belonged to Mr Kennedy who had lent it him.            Question by

Answer. It was first in Wilson’s possession but he handed it to Moss who gave it him.           

Nathaniel Franklin being duly Sworn deposes, that Isaac Cowden the prisoner was a servant of his at his farm at Prospect. That he absented himself from his farm on the 11th of last Month andthat since that time he has never been at his farm & that he has seen him twice since in the Cells.           

The Prisoners being put on their defence Wilson says that before he went away he had done a Weeks work, that he borrowed a Gun from Mr Kennedy with an intent to shoot some Ducks at George’s River.  In going towards the River he fell in with John Moss and another person ?  ?. That he asked them where they had been they replied that they had lost themselves among some rocks to the S. ward. That he told them they must go in Prisoners with him that on their coming in he fell in with Taylor who secured them.           

William Barr acknowledges the Crime.John Moss acknowledges the CrimeIsaac Cowden says that as he was going into Sydney Rose Hill he met a man on the road that had a couple of Bottles of Liquor, that they sat down together and drank the two bottles out, and that afterwards he went into the woods.           

[241] John Wilson Guilty – Transportation for 7 yrs to commence 23 March 1797.           

William Barr Guilty – Transportation for 7 yrs to commence 22 July 1797.           

John Moss Guilty – Transportation for 7 yrs to commense 13 April 1798.           

Isaac Cowden  Guilty – To receive 500 Lashes on his bare back.

Richard Atkins

Judge Advocate.